Agreement - Teamsters Local 399

Agreement - Teamsters Local 399 Agreement - Teamsters Local 399

14.01.2014 Views

of proscribed drugs or substance; transportation, possession or unlawful use of proscribed drugs or substance while on on-duty time; leaving the scene of an accident that resulted in injury or death; a felony involving the use of a motor vehicle; a refusal to give a urine sample to be used for testing when the driver has been involved in a fatal accident; a Positive Test Result for controlled substance use when the driver has been involved in a fatal accident). An individual not on the Industry Experience Roster who has a Positive Test Result shall be terminated, shall be removed from the testing pool by CSATF and shall be ineligible for employment under this Agreement or from making application to the Industry Experience Roster until after a waiting period of at least twelve (12) months. CSATF shall notify the affected individual, the Consenting Producers and the Union of the individual’s removal from the Industry Experience Roster and/or ineligibility for employment. The time during which an individual is removed from the Industry Experience Roster due to a Positive Test Result will not be counted for purposes of advancing roster grouping. After the appropriate waiting period, such individual may reapply for employment under this Agreement, make application or seek reinstatement to the Industry Experience Roster and be returned to the testing pool, as the case may be, provided that the individual has been treated by the SAP, has complied with the SAP’s recommended treatment program, has been cleared for re-employment by the SAP, has taken a return-to-duty test, the result of which is negative, and has executed all paperwork required for the return-to-duty test result, SAP evaluation and the SAP’s return-to-work authorization to be forwarded to CSATF. CSATF shall promptly notify all Consenting Producers’ DERs that the individual has been reinstated to the Industry Experience Roster. Effective as of January 1, 2009, CSATF shall remove from an individual’s record a first strike resulting from a Positive Test Result received in connection with a random alcohol or controlled substance test, provided that ten (10) years have elapsed from the date of the random test that resulted in the first strike and, provided further, that during that time, the individual does not have a second strike placed on his record. However, even if CSATF removes a first strike from an individual’s record, any discipline imposed by a Consenting Producer in connection with the random test that resulted in the first strike, including, but not limited to, a termination for cause or the issuance of a “no-hire” letter, shall remain in full force and effect with respect to that Consenting Producer and nothing herein shall obligate that Consenting -190-

Producer to employ or reemploy at any time an individual whose first strike has been removed by CSATF. An individual who has two (2) strikes on his record prior to January 1, 2009 shall not have his first strike removed from his record by CSATF, nor be permitted to reapply for placement on the Industry Experience Roster nor be permitted to reapply for employment under this Agreement. Nothing herein shall preclude a Consenting Producer from imposing discipline, including a discharge for cause, on any of its employees who receives a Positive Test Result while in its employ. Any such discipline, as distinguished from the validity of the test that led to the discipline, may be grieved by the Union in accordance with Article 7 of this Agreement. Moreover, a Consenting Producer may, in addition to legally precluding an individual in its employ whose alcohol test result shows a concentration of 0.02 or greater, but less than 0.04, from performing Safety-Sensitive Functions until the start of the individual’s next regularly scheduled duty period, but no less than twenty-four (24) hours following administration of the test, have a company policy providing for additional consequences for such a test result. (2) Second Strike An individual on the Industry Experience Roster who has a Positive Test Result within ten (10) years after a first strike is placed on his record shall have a second strike placed on his record, shall be terminated, shall be denied future employment under this Agreement, shall be removed from the Industry Experience Roster and may not reapply in the future. An individual not on the Industry Experience Roster who has a Positive Test Result within ten (10) years after a first strike is placed on his record shall be terminated, shall be denied future employment under this Agreement and shall not at any time in the future apply for placement on the Industry Experience Roster. CSATF shall notify the affected individual, the Consenting Producers and the Union of the individual’s removal from the Industry Experience Roster and/or ineligibility for employment. -191-

Producer to employ or reemploy at any time an individual whose first<br />

strike has been removed by CSATF.<br />

An individual who has two (2) strikes on his record prior to<br />

January 1, 2009 shall not have his first strike removed from his record<br />

by CSATF, nor be permitted to reapply for placement on the Industry<br />

Experience Roster nor be permitted to reapply for employment under<br />

this <strong>Agreement</strong>.<br />

Nothing herein shall preclude a Consenting Producer from<br />

imposing discipline, including a discharge for cause, on any of its<br />

employees who receives a Positive Test Result while in its employ. Any<br />

such discipline, as distinguished from the validity of the test that led to<br />

the discipline, may be grieved by the Union in accordance with Article 7<br />

of this <strong>Agreement</strong>. Moreover, a Consenting Producer may, in addition<br />

to legally precluding an individual in its employ whose alcohol test<br />

result shows a concentration of 0.02 or greater, but less than 0.04, from<br />

performing Safety-Sensitive Functions until the start of the individual’s<br />

next regularly scheduled duty period, but no less than twenty-four (24)<br />

hours following administration of the test, have a company policy<br />

providing for additional consequences for such a test result.<br />

(2) Second Strike<br />

An individual on the Industry Experience Roster who has a<br />

Positive Test Result within ten (10) years after a first strike is placed on<br />

his record shall have a second strike placed on his record, shall be<br />

terminated, shall be denied future employment under this <strong>Agreement</strong>,<br />

shall be removed from the Industry Experience Roster and may not<br />

reapply in the future.<br />

An individual not on the Industry Experience Roster who has<br />

a Positive Test Result within ten (10) years after a first strike is placed<br />

on his record shall be terminated, shall be denied future employment<br />

under this <strong>Agreement</strong> and shall not at any time in the future apply for<br />

placement on the Industry Experience Roster.<br />

CSATF shall notify the affected individual, the Consenting<br />

Producers and the Union of the individual’s removal from the Industry<br />

Experience Roster and/or ineligibility for employment.<br />

-191-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!